MBABANE:The Constitution of eSwatini actually supports the recent shooting and killing of civilians by soldiers and the police merely for protesting,demanding democratic reforms.
Dozens of innocent civilians were killed during the recent political unrest and the Government, through various reports justified this by saying,the protestors were burning properties.
Section 15 of the eSwatini Constitution highlights circumstances that might give the State or anyone acting on its behalf,to kill a human being,protection of properties,suppressing riots and insurrection form part of the justification for the killing of human beings under the Supreme law signed by King Mswati.
An insurrection is a violent uprising against the authorities or government while a riot,is defined as a public disturbance by three(3) or more people who behave in a violent manner.
The law that undermines the right to life and supports killing of civilians, was prepared by the Constitutional Review Commission(CRC) led by the late Prince Mangaliso Logcogco and drafted by the Constitutional Drafting Committee(CDC) whose Chairman is Prince David,who was later appointed the Minister of Justice and Constitutional Affairs.
Prince Logcogco was the son of Prince Sozisa, the then eSwatini authorized Senior Prince while Prince David is the son of King Sobhuza and brother to King Mswati.
“Without prejudice to any liability for a contravention of any other law with respect to the use of force in such cases as are mentioned in this subsection, a person shall not be regarded as having been deprived of life in contravention of this section if death results from use of force to such extent as is reasonably justifiable and proportionate in the circumstances of the case-for the defence of any person from violence or for the defence of property;in order to effect a lawful arrest or to prevent the escape of a person lawfully detained;for the purpose of suppressing a riot, insurrection or mutiny; or in order to prevent the commission by that person of a serious criminal offence”, reads Section 15,in part of the Constitution.
Government Spokesperson Alpheous Nxumalo declined to comment about the matter.
Reached for comments on Sunday,Wandile Dludlu,a University of Eswatini(UNESWA) law student and Deputy President of the People’s United Democratic Movement(PUDEMO) said,the right to life should not be a food parcel provided to the citizens at the discretion of royalty.
“The right to life,is in principle the most intrinsic and sacrosanct right from which all rights and/or human rights may flow from,thus ought to be protected and upheld by any civilized society,worse court purporting to be advancing justice.What emaSwati ought to understand is that,their right to life is not a ‘food parcel’ given to them by royalty and/or any surrogate agent of the State in robes within the benches of the judiciary,but their inalienable rights by virtue of them being human beings,it's not a favor and or benevolence of royalty or State.Section 15 under chapter 3 of the 2005 Constitution turns to depict the very oppressive and heavy headed tapestry of Tinkhundla royal supremacist regime.Whilst at glance it claims to give you a right to life,subsequent sections literally takes away same,” said the PUDEMO Deputy President.
Eswatini is not democratic but,the country is ruled by King Mswati as an absolute Monarch,political parties are banned from participating in elections while human rights defenders,political activists,independent journalists and pro-democracy Members of Parliament(MPs) are arrested,tortured or killed for demanding democracy.
MPs Mduduzi Bacede Mabuza and Mthandeni Dube were recently convicted and sentenced to life imprisonment merely for demanding democracy,they were found guilty by royal linked Judge Mumcy Dlamini on politically motivated terrorism charges.
Judge Mumcy Dlamini,when delivering the life imprisonment against the pro-democracy MPs stated that,Mabuza and Dube deserved to be killed.
On another note,the PUDEMO Deputy President said,the sentiments by the Judge was a clear indication that,the MPs’ right to life was not valued by the Tinkhundla regime such that, even the court was considering killing them through a death penalty.
King Mswati.